Partly allowed

Smt. Ranjitha v. Sri. G S Siddesha Swamy

Karnataka HC12 Jul 2024MFA/626/2019

Case brief

AI extract

What is this about?

In this miscellaneous first appeal, the High Court enhanced the compensation awarded to the claimant in a road traffic accident. Considering the claimant's age of 27 and lack of proof of income, the Court added 40% for loss of future prospects and reassessed loss of future income, modifying the Tribunal's award from Rs.10,84,000 to Rs.14,50,100.

What did the court decide?

The judgment and award of the Claims Tribunal were modified; the claimant is entitled to a total compensation of Rs.14,50,100/- with interest at 6% per annum on the enhanced amount.

Smt. Ranjitha Vs Sri. G S Siddesha Swamy — Motor Accident Claims | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:28665 MFA No. 626 of 2019

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF JULY, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR MISCELLANEOUS FIRST APPEAL NO. 626 OF 2019 (MV-I)

¶6

BETWEEN:

¶7

SMT. RANJITHA, W/O G.S.SIDESHA SWAMY, AGED ABOUT 29 YEARS, R/AT GURU CHANNA BASAVESHWARA PRASANNA, NO.137, DWARAKANAGAR, 1^ST STAGE, CHANNASANDRA, UTTARAHALLI MAIN ROAD, BENGALURU – 560 061.

¶8

Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

¶9

PERMANENTALY RESIDING AT NO.156/6, KUNCHAGHATTA, TIPTUR, TUMKUR – 572 202.

¶10

(BY SRI. RAVI PRAKASH V., ADVOCATE)

¶11

…APPELLANT

¶12

AND:

¶13

SRI. G.S.SIDDESHA SWAMY, S/O GURUSIDDAPPA, AGED ABOUT 41 YEARS, R/AT GURU CHANNA, BASAVESHWARA PRASANNA, NO.137, DWARAKANAGAR, 1^ST STAGE, CHANNASANDRA,

¶14

¶15

NC: 2024:KHC:28665 MFA No. 626 of 2019

¶16

UTTARAHALLI MAIN ROAD, BENGALURU – 560 061.

¶17

THE MANAGER,

¶18

STATE BANK OF INDIA GENERAL INSURANCE CO. LTD., GROUND & 1^ST FLOOR, RUKMINI TOWERS, NO.3-1, PLATFORM ROAD, RAILWAY APPROACH ROAD, SHESHADRIPURAM, BENGALURU – 560 020.

¶19

…RESPONDENTS

¶20

(BY SRI.B.PRADEEP, ADVOCATE FOR R2 VIDE ORDER DATED 19.12.2023;

¶21

NOTICE TO R1 IS DEEMED HAVE BEEN SERVED (R1 SERVED))

¶22

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.11.18 PASSED IN MVC NO.6885/2016 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶23

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶24

CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

¶25

¶26

NC: 2024:KHC:28665 MFA No. 626 of 2019

¶27

ORAL JUDGMENT

¶28

(PER: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR)

¶29

This appeal under Section 173(1) of the Motor Vehicles Act, 1988, arises from the judgment and award dated 02.11.2018 in MVC No.6885/2016, passed by the learned Motor Vehicles Accident Claims Tribunal, Bengaluru City SCCH-14.

¶30

The claimant filed a claim petition under Section 166 of the MV Act, seeking just and proper compensation for having sustained injuries on 06.11.2014 in a road traffic accident. The Tribunal awarded a total compensation of Rs.10,84,000/- with interest at the rate of 7% per annum. The claimant is in appeal seeking enhancement of the awarded compensation.

¶31

Heard the learned counsel for the parties and perused the Trial Court records.

¶32

The claimant sustaining injuries in road traffic accident on 06.11.2014 is not disputed and as of the date of the accident he was 25 years old. The claimant sustained following injuries:

¶33

a. B/L periorbital ocdema and nasal septum fracture, cult lacerated wounds over left forehead-3 x 1 cms, right eyebrow- 2 x 1 cms, right eye lid 5 x 1 cms with multiple facial abrasions.

¶34

b. Fracture left humerus-open intercendylar comminuted with soft tissues loss.

¶35

¶36

NC: 2024:KHC:28665 MFA No. 626 of 2019

¶37

c. Fracture distal ends of both bones of right forearm-CLW, 10 x 5 cms.

¶38

d. Lacerated avaulsion injury over left arm and elbow 15 x 8 x 2 cms.

¶39

e. Fracture of 4^th & 5^th meta carpal bones with meta carpal dislocation.

¶40

f. Fracture of right scaphoid bone.

¶41

g. Lacerated wound on dorsum of right foot 5 x 2 cms, great toe 1 x 1 cms.

¶42

The doctor examined as P.W.2 assessed the permanent disability of the claimant at 31% and the Tribunal after evaluating medical evidence on record has rightly assessed the functional disability at 25%.

¶43

In the absence of proof of income, the notional income of the claimant is assessed at Rs.8,500/- as per the chart prepared by the Karnataka State Legal Services Authority as opposed to Rs.6,000/- assessed by the Tribunal.

¶44

The Division Bench of this Court, in the case of New India Assurance Company Ltd. vs. Abdul S/o Mehabood Tahasildar, passed in MFA No.103807/2016 and disposed of on 27.05.2022, has held that 'loss of future prospects' also has to be factored in cases of injury without amputation, resulting in whole body disability to

¶45

¶46

NC: 2024:KHC:28665 MFA No. 626 of 2019

¶47

the extent of 20%, which ultimately has a bearing on the reduced earning capacity. Therefore, a loss of future prospects of 20% shall have to be added as the claimant in the instant case, being only 27 years old, has long years ahead of him to look forward to. The sliding value of money will have an adverse impact on his future prospects. The claimant is also entitled for future prospects at 40%.

¶48

Given the nature of injuries sustained and re-assessment of the notional income, the compensation awarded by the Tribunal is reassessed as follows:

¶49

Compensation under different Heads	As awarded by the Tribunal (Rs.)	As awarded by this Court (Rs.)
Pain and sufferings	60,000	80,000
Food, nourishment, conveyance and attendant charges	40,000	50,000
Medical expenses	5,18,000	5,18,000
Loss of future income	3,24,000	6,42,600 (8500+40%*25%12/18)
Loss of amenities	50,000	50,000
Loss of income during laid up period	42,000	59,500 (8500*7)
Towards Physiotherapy	50,000	50,000
Total	10,84,000	14,50,100

¶50

In the result, the appeal is allowed-in-part . The judgment and award of the Claims Tribunal is modified. The claimant is entitled for a total compensation of Rs.14,50,100/- as opposed to Rs.10,84,000/- awarded by the Tribunal.

¶51

¶52

NC: 2024:KHC:28665 MFA No. 626 of 2019

¶53

The enhanced compensation amount of Rs.3,66,100/shall carry interest at the rate of 6% per annum from the date of filing the petition till the date of realization.

¶54

Sd/(HEMANT CHANDANGOUDAR) JUDGE

¶55

RKA

Smt. Ranjitha v. Sri. G S Siddesha Swamy

Case brief

What is this about?

What did the court decide?

Smt. Ranjitha v. Sri. G S Siddesha Swamy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Kare Rangappa Vs the Inspector of Excise

Chitradurga Zilla Ambedkar Seva Sangha(Regd) Vs the State of Karnataka

Shambulingaswamy @ Shambulingappa Vs Ananthakrishnan R Nayar

The Divisional Manager Vs Jaganath

Sri S R Chinnaswamy Reddy Vs M/S Smr Builders Pvt., Ltd.

The Manager (Legal) Vs Sadana G N